Apple beats rival app store’s bid to prolong antitrust case

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The Apple logo is displayed atop an Apple store at a mall in La Jolla, California, U.S., December 17, 2019. REUTERS/Mike Blake

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  • Lawyers for Cydia plaintiff at Quinn Emanuel said the litigation would benefit from the 9th Circuit’s decision in Epic v. Apple
  • Gibson Dunn’s Apple lawyers won bid for trial in early 2024

(Reuters) – Apple Inc won a bid on Monday in federal court in California for an early 2024 jury trial in an App Store antitrust case, as a judge declined to stay the litigation while a US appeals court is considering a parallel lawsuit challenging the tech company. policies as anti-competitive.

Apple attorneys at Gibson, Dunn & Crutcher and rival app store Cydia attorneys at Quinn Emanuel Urquhart & Sullivan were at odds over how quickly to move forward with the case. Plaintiff SaurikIT LLC, which developed Cydia, alleged in 2020 that the iPhone maker violated competition law in the app distribution and payment processing markets.

Cydia’s attorneys said the litigation would benefit from a hearing in the San Francisco-based 9th U.S. Circuit Court of Appeals in the blockbuster antitrust case Epic Games v. Apple, which could go to trial as early as October. But U.S. District Judge Yvonne Gonzalez Rogers, who oversaw that case and adjudicated much of it last year for Apple, said Monday she wants the case to move forward more quickly.

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“If anything changes the landscape, come back and talk to me. I’m not going to sit here and wait. [Epic’s] the case could go all the way to the Supreme Court,” Gonzalez Rogers said. “We will argue based on the current state of the law.

She added, “Shorter times allow you to focus. So focus.”

Apple attorney Jay Srinivasan at Gibson Dunn and an Apple representative on Tuesday did not immediately respond to a message seeking comment.

Cydia attorneys David Nelson and Adam Wolfson at Quinn Emanuel did not immediately return similar messages.

The lawsuit “aims to open markets for iOS app distribution and iOS app payment processing” and “to recover Apple’s enormous damages to Cydia.” Apple denied any responsibility. Gonzalez Rogers declined in May to dismiss Cydia’s amended lawsuit.

Wolfson had asked Gonzalez Rogers to allow certain depositions and other investigations to extend through June 2023, giving the parties more time to hear from the 9th Circuit in the Epic case.

Gibson Dunn’s Srinivasan said “neither the parties nor the court can guess when an appeal decision will be made.” Apple objected to extending “Discovery” until next June.

The 9th Circuit has yet to say when it will hear Epic’s case. Apple lawyers have said they prefer a hearing next year.

Gonzalez Rogers has scheduled Cydia’s trial for March 25, 2024.

The case is SaurikIT LLC v. Apple Inc, US District Court, Northern District of California, No. 4:20-cv-08733-YGR.

For SaurikIT: David Nelson and Adam Wolfson of Quinn Emanuel Urquhart & Sullivan

For Apple: Jay Srinivasan of Gibson, Dunn & Crutcher

Read more:

Epic accuses Apple of ‘delaying’ US appeals court hearing

Apple can’t dodge rival app store Cydia’s antitrust lawsuit

Apple asks court to dismiss Epic’s appeal in App Store antitrust case

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